Attorney asks federal judge to toss K-9 suit
A federal judge set a mid-July deadline for a Franklin County man to respond to demands his police brutality lawsuit against Butler City and several city officers be dropped.
Joshua A. Rivera was wanted on a pair of felony warrants in 2017 when he ran away from Butler City Police during a traffic stop, according to court records. K-9 officer Gunner was used to catch Rivera. The dog “engaged, grabbed (Rivera) by the left elbow and took him to the ground,” according to a police report from the incident.
Rivera was eventually charged with resisting arrest, but in a May lawsuit Rivera said Butler City Police were the wrongdoers. The civil action was filed in the United States District Court for the Western District of Pennsylvania and is against the City of Butler, Butler City Police Department, Officer Brian Groom, former Deputy Police Chief David Adam and another unidentified officer.
The defendants' attorney, Pittsburgh-based lawyer Paul D. Krepps, asked a federal judge to dismiss the majority of the lawsuit, arguing it lacks evidence and legal authority to sue.
Rivera, who is represented by John Quinn, did not respond to a request for comments. The plaintiff has until July 19 to bolster the arguments in the lawsuit and respond to Krepps' filing.
Police reports from the 2017 arrest and the sequence of events included in the lawsuit diverge on several main points.
In his complaint, Rivera claims he was “viciously attacked” by the department's trained police dog, even after he had been tasered by officers. The lawsuit seeks compensatory and punitive damages because Rivera suffered permanent nerve damage and scarring due to his run-in with officers, which led to his being transported by helicopter to the hospital.
Also in the 2017 police report, officers blame Rivera for Gunner's behavior, writing that Rivera punched and fought the dog, despite police warnings. According to the complaint, Rivera still has no feeling in his forearm from his elbow to his wrist, loses feeling in his hand daily, and was left with permanent scars.
Responding to the lawsuit previously, Butler solicitor Tom Breth characterized the action as a “nuisance.”
In the most recent court filing, Krepps asked a federal judge to dismiss claims against the officers and those made against the Butler Police Department and the former deputy police chief. Additionally, Krepps asked the judge to throw out all punitive damages sought by Rivera.
